Warranties

Warranties are separate from the automatic consumer guarantees that apply to many products and services you buy. A warranty is a voluntary promise offered by the person or business who sold the product or service to you. Once you buy the product or service, the promise becomes a right that can be enforced under the Australian Consumer Law (ACL).

Warranty against defects

Some businesses will provide a warranty against defects, also called a manufacturer's warranty. This is a representation to a consumer, made at or around the time that goods are supplied, that if the goods (or part of them) are defective, the business will:

repair or replace goods (or part of them) resupply or fix a problem with services (or part of them)

provide compensation to the consumer.

A warranty against defects is usually limited by time. All suppliers, manufacturers and service providers that provide you with a warranty against defects must comply with that warranty. If they do not, you may bring an action against the person or business who provided the warranty, either under the ACL or for breach of contract.

ExampleA consumer buys a deck chair that comes with a written warranty saying the manufacturer will replace the deck chair if it breaks within two years of the purchase date. This is a manufacturer's warranty.

Formal or informal document

A warranty against defects may be in the form of a formal written document, alternatively, any material with writing on it could evidence a warranty against defects, for example wording on the packaging or on a label, if those words contain such a promise.

Formal written warranty

what the business will do if the goods are faulty or defective (eg. repair or replace)

what you must do to be entitled to claim the warranty (eg. cease using the goods or contact the supplier)

details about the business giving the warranty - name, business address, telephone number and email address (if any)

the warranty period (ie. how long the warranty lasts for)

how to claim the warranty (ie. how to contact the business and where to send the claim)

whether you or the business is responsible for expenses associated with a warranty claim and how you can claim back any expenses incurred

that the benefits provided to you by the warranty are in addition to other rights and remedies available to you under the law.

Mandatory text

A document evidencing a warranty against defects must include mandatory text to ensure consumers are aware that any warranty against defects operates in addition to consumers' rights under the ACL. The mandatory text is:

Our goods come with guarantees that cannot be excluded under the Australian Consumer Law. You are entitled to a replacement or refund for a major failure and compensation for any other reasonably foreseeable loss or damage. You are also entitled to have the goods repaired or replaced if the goods fail to be of acceptable quality and the failure does not amount to a major failure.

Businesses are free to include extra information in a warranty against defects to explain how your rights under the ACL apply. However, businesses must take care to ensure any extra information they include in their warranty does not limit or negate the mandatory text.

Consumer guarantees which apply regardless of any warranties suppliers sell or give to you, apply for a reasonable time depending on the nature of the goods or services. This means consumer guarantees may continue to apply after the time period for the warranty has expired.

Express warranties

Businesses often make extra promises, sometimes called 'express warranties', about the quality, state, condition, performance or characteristics of goods.

ExampleA supplier tells the consumer that a bed will last for 10 years. If the bed only lasts for six years, the consumer will be entitled to a remedy because the bed has not satisfied this express warranty.

An express warranty may not be in writing and is a promise usually made to persuade you to buy the goods, it is different to a warranty against defects.

Extended warranties

An extended warranty (sometimes known as a 'care package') is an additional warranty that some retailers try and sell you which provides repair and maintenance for a specified period. It may or may not extend the manufacturer’s warranty.

Always read the terms and conditions of the extended warranty brochure carefully and make your own assessment as to whether it is worth the extra money. The details in the brochure are legally binding so you should rely on what it says, not on what the salesperson says.

Some extended warranties may only replace the product or refund customers based on annual depreciation of the product. This means the product you get as a replacement may be inferior to the one you originally bought or you may be refunded less money than you originally paid. If you don’t meet the extended warranty conditions you may not be able to claim on the warranty or it may be cancelled.

Some extended warranties start from the date you buy the item and not when the manufacturer's warranty ends.

An extended warranty does not replace your rights under consumer guarantees. You may still be entitled to a repair, refund or replacement if a consumer guarantee is broken even when a manufacturer’s or extended warranty has ended.

You do not have to buy an extended warranty – it is completely optional. Suppliers risk breaching the law if they:

put undue pressure on you or use unfair tactics to get you to buy an extended warranty

mislead you into paying for the rights that you already have under the consumer guarantees.